bobdina
08-08-2010, 04:34 PM
Deployed GI Who Lost Home Gets it Back
July 29, 2010
Dallas Morning News
The Texas Soldier who lost his home to foreclosure while serving in Iraq has gotten the house back.
Michael and May Clauer lost their southwest Frisco home in May 2008, after falling behind on their homeowners association dues. Michael Clauer was a U.S. Army National Guard captain deployed in Iraq.
An agreement that enables them to keep the house was reached this week during a court-ordered settlement conference.
A gag order prevents those involved from sharing details. But the bottom line is that the Clauers once again own their home in the Heritage Lakes subdivision.
"The family is very pleased that this matter has been resolved," said their attorney, Barbara Hale.
She didn't say whether the Clauers had to pay any money to get back the $315,000 house, which they owned mortgage-free.
The Heritage Lakes Homeowners Association was initially owed $977.55 in dues on the house. The association sent multiple notices by certified mail, demanding payment. All went unanswered.
Under Texas law, a homeowners association can foreclose on a property and sell it at auction to collect what's owed.
The two-story brick home was purchased at auction for $3,201 by Mark DiSanti of Dallas and Steeplechase Productions. DiSanti sold it in May 2009 for $135,000 to Jad Aboul-Jibin of Plano.
Complicating the case was the Michael Clauer's service overseas. His wife claimed to have become depressed over her husband's absence and let mail pile up. She didn't open any of the certified letters and didn't realize the home had been sold until the summer of 2009 when Aboul-Jibin sent a letter asking her for rent.
Hale had argued that the family was protected from foreclosure by the Servicemembers Civil Relief Act. The federal law protects those on active duty from certain financial and legal obligations, including foreclosure, without a court proceeding. Clauer was on active duty from Feb. 15, 2008, to Oct. 9, 2009.
The Heritage Lakes Homeowners Association became a target of public outrage when news of the foreclosure spread nationwide. Association board members received death threats.
David Margulies, a spokesman for the homeowners association, said it routinely checks for military connections before instigating foreclosure proceedings. In this case, he said, a letter from the military stated that Clauer was not in the service.
July 29, 2010
Dallas Morning News
The Texas Soldier who lost his home to foreclosure while serving in Iraq has gotten the house back.
Michael and May Clauer lost their southwest Frisco home in May 2008, after falling behind on their homeowners association dues. Michael Clauer was a U.S. Army National Guard captain deployed in Iraq.
An agreement that enables them to keep the house was reached this week during a court-ordered settlement conference.
A gag order prevents those involved from sharing details. But the bottom line is that the Clauers once again own their home in the Heritage Lakes subdivision.
"The family is very pleased that this matter has been resolved," said their attorney, Barbara Hale.
She didn't say whether the Clauers had to pay any money to get back the $315,000 house, which they owned mortgage-free.
The Heritage Lakes Homeowners Association was initially owed $977.55 in dues on the house. The association sent multiple notices by certified mail, demanding payment. All went unanswered.
Under Texas law, a homeowners association can foreclose on a property and sell it at auction to collect what's owed.
The two-story brick home was purchased at auction for $3,201 by Mark DiSanti of Dallas and Steeplechase Productions. DiSanti sold it in May 2009 for $135,000 to Jad Aboul-Jibin of Plano.
Complicating the case was the Michael Clauer's service overseas. His wife claimed to have become depressed over her husband's absence and let mail pile up. She didn't open any of the certified letters and didn't realize the home had been sold until the summer of 2009 when Aboul-Jibin sent a letter asking her for rent.
Hale had argued that the family was protected from foreclosure by the Servicemembers Civil Relief Act. The federal law protects those on active duty from certain financial and legal obligations, including foreclosure, without a court proceeding. Clauer was on active duty from Feb. 15, 2008, to Oct. 9, 2009.
The Heritage Lakes Homeowners Association became a target of public outrage when news of the foreclosure spread nationwide. Association board members received death threats.
David Margulies, a spokesman for the homeowners association, said it routinely checks for military connections before instigating foreclosure proceedings. In this case, he said, a letter from the military stated that Clauer was not in the service.